Complaint For Foreclosure In Ohio
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To contest a judicial foreclosure, you have to file a written answer to the complaint (the lawsuit). You'll need to present your defenses and explain the reasons why the lender shouldn't be able to foreclose. You might need to defend yourself against a motion for summary judgment and at trial.
In Ohio, the foreclosure process can take anywhere from six to 18 months or longer. How long will a foreclosure action or bankruptcy stay on my credit report? A foreclosure stays on your credit report for seven years, and a bankruptcy stays on for 10 years.
You must file your “Answer” to the complaint with the court in your county. Legal help can be found through the Ohio Legal Services Association, the Legal Aid Society of Columbus, or the Ohio State Bar Association. Submitting your “Answer” to the court slows down the foreclosure process.
When must a defendant respond to the complaint? In Ohio, a defendant must respond within 28 days after being served the summons and complaint or after completion of service by publi- cation (Ohio Civ. R. Rule 12).
Many courts will accept an answer in general letter form of a reply to the foreclosure complaint. Although there are formalities in answering which lawyers know, most courts will accept an answer in letter form. It should simply admit or deny the allegations of each paragraph of the complaint.
How to Respond to a Foreclosure Summons Step 1: Read the Summons. Step 2: Speak to Foreclosure Lawyer. Step 3: Decide If You Want to Contest. Step 4: Prepare a Mortgage Foreclosure Appearance and Answer to the Complaint. Step 5: File the Form with the Court Clerk. Step 6: Send a Copy of Your Answer to the Other Parties.
Solutions for Temporary Problems: Reinstatement. Forbearance. Repayment Plan “Short Sale” ... Repayment plan (often called a forbearance) ... Mortgage modification. Partial claim. Pre-foreclosure sale. Deed-in-lieu of foreclosure.
In the complaint, the plaintiff asks the court for a judgment and for permission to sell the home at a foreclosure sale.
